√ Definition of Copyright, Functions, Characteristics, Nature and Complete Legal Basis
Complete Definition of Copyright, Functions, Characteristics, Nature and Legal Basis – In this discussion, we will explain about copyright. Which includes the definition of copyright, copyright function, copyright characteristics, nature of copyright and copyright legal basis with complete and easy-to-understand discussion. For more details, please see the review below carefully.
Complete Definition of Copyright, Functions, Characteristics, Nature and Legal Basis
Let's discuss the meaning of copyright first
Definition of Copyright
Copyright is an exclusive right for creators or assignees to publish or reproduce their creations or grant permission for this without reducing the restrictions according to the statutory regulations apply.
From the above understanding, the creation of a person is a work in the form of a unique shape and describes the originality of concepts in the fields of education, science, art and literature. Meanwhile, the creator is a person or several people together with whose inspiration a creation is born based on the ability of the mind, imagination, dexterity, skill or expertise which is expressed in a distinctive form and personal nature.
Copyright Function
According to article 2 of Law No. 19 of 2002 in this case it discusses the function and nature of copyright itself. The sound of the article is as follows:
- Copyright is an exclusive right for creators or copyright holders to publish or reproduce their creations arises automatically after a creation is born without prejudice to the restrictions according to the applicable law apply.
- Creators and/or copyright holders or cinematographic works and computer programs have the right to issue permits or prohibiting other people who, without their consent, rent out the work for the benefit of a philanthropic nature commercial.
Copyright Features
There are several characteristics of copyright, including:
- The protection period is for life and an additional 50 years if the rights holder has passed away.
- Copyright is obtained automatically, there is no obligation to register. However, in the interests of the creator or copyright holder, the registration document is still important, especially if there are legal issues against it in the future. The registration letter can be used as initial evidence to determine who is the creator or copyright holder who has more rights over a work.
- Forms of violations, such as the existence of parts that have been copied instantly, have the same thing, are reproduced or published without permission.
- Criminal sanctions are given if proven guilty of copyright infringement, the maximum penalty is seven years or a fine of five billion rupiah.
- Protected, such as copyrights in the fields of science, art and literature, music, lecture books, dance, computer programs and so on.
- The criteria for objects or things that get copyright protection are only original creations.
Copyright Properties
There are six parts to the nature of copyright, the properties of which include:
Creators or copyright holders of cinematographic works as well as computer programs have the right to grant permit or prohibit other people who without their consent rent the creation for their needs commercial. Copyright is considered a movable object. Copyright can be transferred or transferred, either in whole or in part due to:
- Inheritance
- Will
- Grant
- Written agreement or other reasons justified by laws and regulations
If a work consists of several separate parts created by two or more people, that is considered as The Creator is the person who leads and also oversees the completion of all of these creations or in this case no one those who are considered as Authors, namely people who collect without reducing their respective Copyrights to parts its creator.
If a creation designed by someone is shown or done by someone else below the leadership and supervision of the designer, the Creator is the person who designed the creation drowned.
If a work is made in an official relationship with another party in his work environment, the copyright holder is the party whose work is Ciptaa it is carried out, unless there is another agreement between the two parties without prejudice to the rights of the Author if the use of the Work is extended to the outside of the relationship service.
If a creation is made in a work relationship or according to an order, the party that makes the copyrighted work is considered as the Author or Copyright Holder, an exception if another agreement is made between both parties.
Basic Copyright Law
There is a legal basis for copyright, including the following:
- Law No. 19 of 2002 regarding Copyright
- PP No. 1 of 1989 regarding the translation and/or reproduction of Works for the benefit of education, science, research and development
- Minister of Justice Regulation No. M.01-HC.03.01 of 1987 regarding the Registration of Creation
- SE Minister of Justice No. M.02.HC.03.01 of 1991 regarding the Obligation to Attach NPWP in Applications for Works and Registration of Transfers of Registered Copyrights
Thus has been explained about Complete Definition of Copyright, Functions, Characteristics, Nature and Legal Basis hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.
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